This is known as a bar to extradition and it’s vital that the extradition lawyers you use have experience and an exceptional reputation for successfully arguing against extradition. There are cases that have used the grounds of human rights, double jeopardy and where there have been procedural errors made by the country seeking to extradite the person. In each of these cases, it’s possible to prevent extradition from being executed.
Undergoing proceedings can be stressful. If you or your loved one has just discovered that there’s a possibility of an extradition taking place, it’s understandable that you feel worried and concerned.
We’ve put together some information for you to provide you with some guidance and support for you. It’s a very challenging time. If you have a question that you cannot find the answer to here, feel free to contact us and we will do what we can to get the answer for you. We aim to make this as easy and stress-free for you as possible.
European Arrest Warrants
Something that you may be dealing with is a European arrest warrant. The European arrest warrant is sometimes referred to as an EAW.
A European arrest warrant is a document that is used by all the countries of the EU (European Union). When it is issued, the receiving country is required to find and arrest the person so that they can then be put on trial or go through a period of detention.
Reports suggest that in 2004 there were around 3,000 arrest warrants issued. In 2013, this number increased significantly to 18,000.
A European arrest warrant can only be issued under the following circumstances:
To conduct a criminal prosecution or enforce a custodial sentence but not for holding a criminal investigation;
A warrant can be issued only for offences carrying a maximum penalty of 12 months or more in prison. In cases where the sentence has already been issued, the warrant can only be issued if the prison term is more than four months in length.
Although defeating EAWs can be very challenging, even for the most experienced lawyers, if you opt to use a lawyer that has a history of making successful challenges, it could be possible to retain your status quo and have the EAW dismissed.
Extradition to Non-EU Countries
When it comes to being extradited from a Non-EU country, what is important are the laws of that country. There may be a treaty with the UK or that country may be part of the commonwealth. If this is the case, it may be easier for your lawyers to stop the extradition. Whatever the case, the first step will be when an application request for extradition is received in the UK.
Human Rights Challenges
Extradition lawyers who have experience in how human rights can be applied to challenge extraditions, can often secure positive outcomes. For example, it’s possible to use torture, unfair trial and arbitrary detention as risks of human rights violations.
Challenging Interpol Red Notices
We have many individuals who contact us for advice on potential extradition requests. They may be anticipating the release of a request, and we advise them on how to mitigate the risks and how to secure the best possible outcome if they remain in the UK. We also recommend to individuals on how to best manage their reputation and their future travel permissions if they defeat an extradition request.
For instance, we advised and assisted individuals who would like to remove themselves from Interpol’s red notice list. Also, we have succeeded in our request to world check to have a client’s name removed from their database.
Interpol Red Notices and Examples of what offences may be part of your Extradition Proceedings
When Interpol red notices are issued, it’s typically the first indication that there could be a request to extradite somebody. If you engage a good lawyer, they may be able to negotiate with the authorities to avoid the extradition entirely or to ensure a more favourable and positive outcome if the person is extradited.
Some requests are politically motivated prosecutions. For example, our lawyers have helped those who have been requested for extradition by Russia and other former Soviet states. We have also had some prosecutions that have been involved with the Russian shipping industry.
What happens in an Extradition?
When an extradition request is made, you will need support on the technical, statutory and human rights challenges that could be put forward.
Depending on which country is making the extradition request, different skills are needed to support the person who may potentially be extradited. If a person is accused or convicted or a crime, the country may request for them to extradited, even without an extradition treaty being in place with the UK.
Before extradition, it’s vital that there are protections put in place in case a request is made.
The first stage of an extradition case is when a bail application can be made. A good extradition lawyer will prepare a full bail package that can be presented before the judge, in case of arrest.
After the extradition request has been made, we thoroughly examine the extradition request and the situation involved. There could be challenges made from a human rights perspective. These may include:
The right to a family life
The right to a fair trial
The right not to suffer inhuman or degrading treatment
Alternatively, there may be a way to stop the Extradition by focusing on the content of the extradition itself. There are also other bars to extradition that are provided by the UK. These bars include mental health, the passage of time and double jeopardy.
An influential extradition lawyer will collect the most convincing evidence to support the challenges and will use the services of well-established association, international experts and potentially NGOs to assist.
The following countries can and make extradition requests:
One of the most important parts of any extradition case is to work with local lawyers in the requesting state. They can provide information about the criminal justice system and proceedings in the requesting state.
Local lawyers may even be able to support the defendant’s case by requesting that the proceedings are discontinued. Alternatively, they may be able to negotiate a better position for the individual. In some cases, they may be able to get charges reduced, or a release on bail agreed.
The defence of an extradition case involves different considerations from a domestic case. There are other areas to look at, such as economic, political, immigration, family, dispute resolution and complex cross border legal matters.
An extradition lawyer will advise you
One of the most significant advantages of taking on a competent extradition lawyer is that you are given support and legal advice. Extradition lawyers typically hold in-depth knowledge of the defences available to defeat extradition requests.
Foreign Government Advice
In addition to representing individuals who are at risk of being extradited, we advise foreign governments who are looking to extradite individuals from the UK. We guide how to draft the requests and how the proceedings in the UK courts are likely to be executed.
Advising individuals outside the UK
Being specialist extradition lawyers means that we can also instruct individuals who are contesting extradition proceedings outside of the UK. They may wish to draw upon our knowledge and expertise in collecting evidence to support a political or human rights defence to proceedings.
What should you do if you suspect there is an extradition request for you?
International law can be very complicated. However, by using a competent lawyer they should be able to advise you on what your next steps should be in the extradition process. If they are experienced, they will know what they can use to put up a good defence on your behalf. By taking early action, you may be able to improve your situation and even swing the investigation and case into your favour.
By hiring specialist legal support, you can gain peace of mind that everything that can be done, will be.
We handle extradition requests and can help you with any part of the proceedings. We help people regularly and have deep expertise and experience in this field. Our legal team can provide you with guidance and advice for you to take the best possible course of action. No matter what your case is or the size of it, get in touch with us now.
How Can Stuart Miller Solicitors Help?
Developing a defence for an extradition case involves taking into considering other aspects of the law. An extradition case it not like a domestic prosecution and requires further specialist knowledge.
Our extradition lawyers are located in London but can travel further afield. They will provide you with advice on the best strategic approach for your extradition. They will also work with other legal experts, including those from family, dispute resolution and immigration.
Being able to find out more about your case from different angles will help to ensure that we don’t miss any solution to solving a cross-border legal problem. Your reputation is also important to us, and we have a media team and an experienced reputation management specialist on hand to help protect our clients.
Our Extradition Lawyers
We have a highly regarded and genuinely talented extradition solicitors. Their experience, substantial knowledge, coupled with natural problem-solving skills, are perfect traits to ensure your chances of being extradited are minimised.
One of the best pieces of advice we can give you is to engage extradition solicitors very early in the case so we can advise you on what to say and what not to say in the police interview. Early advice can change the entire case in your favour.
Want to discuss your case with an Extradition Solicitor?
If you’d like to have a no obligation chat with us before you instruct us to take your case, then contact us today.
In addition to giving you a free consultation, we can also represent you at the police station if you’ve already been arrested. We can also look at securing your legal aid.
Stuart Miller Solicitors have recently defended several substantial cases involving human trafficking and sham marriage allegations. There were vast defence investigations required in these cases which required specialists and not general practitioners.
Undertaking foreign investigations, securing huge numbers of witnesses and chasing historic defence material are all fundamental challenges facing an immigration fraud solicitor. Each piece of evidence takes our client closer to success, and Stuart Miller Solicitors are always committed to achieving that success where possible.
Taking early and swift action is important. Please contact us and ask to speak to our extradition solicitors to arrange a meeting in person, online or by telephone. If you prefer, you can WhatsApp us from the link on this page.
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